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(영문) 서울중앙지방법원 2018.08.17 2017가합567318
양수금
Text

1. The plaintiff succeeding intervenor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant completed the marriage report with the plaintiff succeeding intervenor on March 17, 1978, and completed the marriage report from around 1979 to D Co., Ltd. (hereinafter "D") and from July 1, 1996, operated school foundation E and was investigated into suspicion of occupational embezzlement, etc., and returned to Indonesia on January 16, 199, and returned on October 22, 2008.

B. On February 12, 1999, the plaintiff succeeding intervenor filed a divorce lawsuit against the defendant and received a divorce judgment on October 14 of the same year, and the above judgment became final and conclusive on November 4 of the same year.

Seoul Family Court (Seoul Family Court Decision 99Dhap724). [Grounds for recognition] The fact that there is no dispute, entry of Eul in subparagraphs 1 through 3, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff succeeding intervenor's assertion that the plaintiff succeeding intervenor paid KRW 30 million to the defendant and KRW 800 million to the defendant at the defendant's request. Among them, F is recognized to have received USD 50 million and USD 140,000. Thus, the defendant is obligated to pay to the plaintiff succeeding intervenor KRW 20,584,00 among the above loans (= KRW 50,584,000, KRW 140,000, KRW 584,000) and damages for delay.

B. Determination 1) In full view of the overall purport of the statements and arguments set forth in Gap evidence Nos. 2, 3, 9, 10, and 15 (including additional numbers) paid to F, the plaintiff (the plaintiff) at the time of the lawsuit of this case, "the defendant would pay 200 million won to F to the plaintiff succeeding intervenor around October 2008," and the plaintiff succeeding intervenor paid 50 million won to F, as at the time of the lawsuit of this case, according to the circumstances at the time of the lawsuit of this case, "F submitted a confirmation of F's fact (Evidence No. 2-1 of the evidence No. 2 of this case, which was prepared on June 14, 2017 by F, upon request of the defendant around October 2008, "F received 50 million won from the plaintiff succeeding intervenor on the day of the defendant's business and disbursed the money on the day of the defendant's business, and the defendant directly arranged the money to the plaintiff succeeding.

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